Original Correspondence.

New Zealander, Volume 4, Issue 218, 1 July 1848, Page 3

Original Correspondence.

To the Editor of the New Zealander. Sin,— ln your last papei appealed a. repent of the judgment of the Supreme Court in the case of the " Queen v. George Clarke," in which it appeals tliat Mr. Commissioner FitzGciald, thcicin leforred to, iccommended giants of land in favour of the defendant, without the necessary authority of the Executive Council, and consequently, that his lccommcndatioa was illegal, Although the law, as laid down by the couit. cannot ho disputed ; yet, to pi event misimprcsiion as to facts, I subjoin the following s'atoment. His Excellency, Govcmoi Pi 1 z ßoy, requested me to report upon Mr. Clarkes claim to land, and slated that the) authority of council should be sent down to me. On the faith of the Governors woid I did make my lepovt, and the authority was sent to me, but it bore a date subsequent to the date of my repoit™ l believe on the 3rd of May, being (he following da,) — which escaped my notice nt the lime, chc 1 coiffi! readily ha\e coivcctcd the date of my lepoit. And although, point of law, my report was, btuctly speaking, illegal — the authority not having i piior instead of a subsequent ditc— it nevertheless, had the sanction of thr> Governor and Executive Council, inasmuch as t!iu giants were issued upon it. This statement may be sntisfactoiy tint I did not art without authority, although theie was an ovci bight iv the dates. I am, Sir, Your obedient scivant, Robt. A. FjtzGerM.d. Auckland, June 30, 1848.

To the Editor of the New ZcnlinHcr. Pnt,— lt is much to bo regretted that the parties who took charge of the adchrsi prc-enteil to im E^iclirnry thcGovernoi, with reference to the Ute ralnmitous fnv, did not mul e it publicly Known wlinc signatuics mitilir, be appended to it, as tlure aie many individuals as v.ci! as myself, who have, in cons(queii>c, been proven id from expressing their sympathy, us ihiy wibhcil io ha v o done, on such an occasion. I am, Sir, Youi obedient servant, W. Auckland, 28th June, 1848.